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  1. #1
    Join Date
    Apr 2009
    Location
    Illinois
    Posts
    191
    Quote Originally Posted by Triskeliongirl View Post
    Yes, basically you do club rides at your own risk.

    What you need to understand are that clubs are just groups of friends, volunteers, organizing these events for their local cycling community. They are human beings, they may make mistakes, but no one would volunteer if they could be sued when that happens.

    This doesn't mean that if a vehicle hits you on the group ride, you can't sue the driver, it just means the bike club, organizers, etc. will not be liable.
    Oh, I understand that. And of course they need to cover their butts. It's just that last line is more excessive than any liability waiver I've seen recently and it struck me the wrong way.
    "A bicycle does get you there and more. And there is always the thin edge of danger to keep you alert and comfortably apprehensive. Dogs become dogs again and snap at your raincoat; potholes become personal. And getting there is all the fun."

  2. #2
    Join Date
    Sep 2007
    Location
    Uncanny Valley
    Posts
    14,498
    Actually that's pretty standard language among the waivers I see, and they probably got a form waiver from their parent organization rather than having it drafted specifically for them.

    I HAVE refused to sign waivers with language like that when it was from a doctor's office. (And they were cool about it. If they hadn't been, I'd have found another doctor.) When it's boilerplate for participation in an event, I go ahead and sign it for the same reasons Geonz pointed out.
    Speed comes from what you put behind you. - Judi Ketteler

  3. #3
    Join Date
    Feb 2005
    Location
    Concord, MA
    Posts
    13,394
    The AMC has pretty stringent waivers, but it does not include that line. Yes, the lawyers pretty much told all of the leaders that the waivers are worthless, but we gotta have them. We make the people sign it before each ride and I have to mail it in after, as well as do an on line ride report.
    The other club I ride with (CRW) has you do it on the membership form.

  4. #4
    Join Date
    Dec 2006
    Location
    Blessed to be all over the place!
    Posts
    3,433
    Quote Originally Posted by Heifzilla View Post
    Oh, I understand that. And of course they need to cover their butts. It's just that last line is more excessive than any liability waiver I've seen recently and it struck me the wrong way.
    It's as Geonz said. In litigation, there's legal grounds and moral grounds. In court, all that matters is legal grounds...they're trying to appeal to a sense of morality by keeping folks from getting to court (and frankly hoping that some sympathetic judge starts the process of setting precedent...)

    Sign it, be responsible for your own actions, and if someone else is negligent, you will retain all the protections that the law would otherwise provide.

    Disclaimer: Mr. Silver is not a lawyer, but you'd die if you knew how much I spent on legal fees in business...
    If you don't grow where you're planted, you'll never BLOOM - Will Rogers

  5. #5
    Join Date
    Mar 2008
    Location
    Atlanta, GA
    Posts
    714
    Agreed. You cannot "in advance" release someone from liability for negligence. Your right to litigate is preserved no matter what that paper says.
    ----------------------------------------------------
    "I never made "Who's Who"- but sure as hell I made "What's That??..."

 

 

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